Wording seeks to avoid a state law to contrary
By John Pacenti
The Manalapan Town Commission gave preliminary approval to an ordinance aimed at cracking down on shark fishing practices.
“We’ve become a safe haven for shark fishing, and we don’t want to be that, because it’s dangerous for everybody,” Town Manager Eric Marmer said at the commission’s April 14 meeting.
Under the proposed ordinance, the town code would prohibit fishing activities at any beach that “may endanger the health and safety of swimmers or other beachgoers.”
The measure explicitly bans practices that attract sharks — such as chumming, blood baiting and other actions intended to lure sharks into near-shore water — and retains an existing ban on fishing from bridges.
The ordinance will return to the commission for additional review and amendment before a vote on final approval.
Town officials said shark fishing has increased recently, fueled in part by social media, with anglers deploying large, baited lines hundreds of yards offshore. Police reported having to call Florida Fish and Wildlife to enforce licensing and safety rules during several nighttime encounters; citations were issued in at least one incident.
“We can all see how that is dangerous for swimmers, boaters and everybody else, absolutely, when you’re attracting the sharks into the area,” said Police Chief Jeff Rasor.
Town Attorney Keith Davis cautioned the commission that state law broadly preempts municipal regulation of saltwater fishing, limiting municipal authority to outright bans on fishing.
To navigate that constraint, the ordinance focuses on activities and locations that threaten public safety rather than declaring a general prohibition on shark fishing. Davis said the language is designed to withstand preemption challenges by tying restrictions to health, safety and welfare concerns.
Commissioners also discussed newer methods used to deploy bait, including drones and boats, asking Marmer to explore whether the ordinance can be expanded to address drone-delivered bait. But that would raise additional legal questions about airspace regulation and state authority, Davis said.
Marmer said the staff will research state preemption issues related to drone use and bring recommended language back to the commission.
Manalapan would join coastal municipalities Delray Beach, Boca Raton and Palm Beach, which have adopted targeted restrictions to limit shark-attracting activities on public beaches while trying to remain within state regulatory bounds.
Comments